Cigarette smugglers clouded in secrecy as County Court judge closes court

Wayne Flower
September 2, 2015
Herald Sun
TWO crime syndicate kingpins who smuggled in millions of dollars worth of illegal tobacco have had their cases held in secret.
County Court Judge David Parsons on Tuesday ordered reporters out of the court for the men’s hearings.
There was already a court order meaning the criminals could not be named.
The ruling came on the same day the Herald Sun revealed the County Court was working under a cloud of secrecy.
Since the Open Courts Act came into effect in December 2013, just 12 notices of suppression order applications have been lodged with the County Court while 193 orders were made.
Under the Open Courts Act, three days’ notice is required for suppression order applications to be made so media organisations and interested parties can appear and be heard.
Judge Parsons ordered out reporters after agreeing with a submission by a defence lawyer that the criminals’ safety might be at risk by allowing them to stay.
Hours earlier, journalists were able to report on one of the syndicate’s alleged underlings.
David Young, 67, was found guilty by jury of one charge each of possessing and attempting to possess tobacco products with the purpose of defrauding the tax office.
His criminal bosses, who cannot be named, have pleaded guilty to importing five containers of the illegal booty.
The court heard Young was a minor player in the Lebanese crime syndicate.
His barrister Peter Chadwick, QC, claimed his client was unaware he took delivery of two containers of illegal tobacco until it was in his container depot.
The director of Container Forwarding Services claimed he was paid as little as a few hundred dollars for taking possession of the containers while the truck driver who delivered them received $36,000.
Federal agents claim one container seized by Customs and delivered to Young’s depot empty contained 22,969kgs of frozen tobacco — worth $10.7 million to the tax office.
Another container, which slipped through undetected, contained about 900 boxes of cigarettes worth about $9 million on the street and $3 million to the tax office, the court heard.
Mr Chadwick claimed his client was only paid his usual rate for his role in the multi-million dollar crime.
“Mr Young was paid for doing his job,’’ he said.
Judge Parsons appeared unconvinced.
“I remain surprised, confounded,’’ he said.
“It makes no sense at all.’’
Mr Chadwick said his client was in the process of trying to pay the government back for his deception.
Young faces a term in prison or a hefty fine.
His plea continues.